Nearly everyone knows that sexual harassment in the workplace is illegal. But

not everyone knows exactly what constitutes sexual harassment, and what

employers can do to prevent it. Let’s review the legal definition of sexual

harassment, and then take a look at some tips for employers on preventing sexual

harassment in the workplace.



Legal Definition of Sexual Harassment



From a legal standpoint, there are two different categories of sexual

harassment:

Quid pro quo—In this type of sexual harassment, some type of work benefit is

made subject to some type of sexual favor, or it is implied that the employee

will be negatively affected if he or she does not comply. By definition, this

type of sexual harassment typically occurs between a supervisor and

subordinate simply because the supervisor is in a position to be able to offer

better terms (such as a promotion) or is able to fire or demote. This person

has the power to hold such things over the employee.

Hostile work environment—This type of sexual harassment can occur between any

employees. It refers to the situation where an employee is offended or made to

feel harassed by other employees. It could come in the form of touching,

offensive jokes, inappropriate décor, or other intimidating or unwelcome

behavior. (These are just a few examples.)



Sexual harassment is prohibited, just like gender-based discrimination is

prohibited. Most states have their own specific laws that relate to sexual

harassment as well.



Tips to Prevent Sexual Harassment in the Workplace



Employers have an obligation to prevent sexual harassment from occurring in the

workplace. If it can be shown that the employer knew or should have known that

the harassment was occurring and they did not take all reasonable actions to

stop it, then the employer can be held liable for an individual’s actions. Here

are some tips for employers to prevent sexual harassment in the workplace:

Create and communicate a clear antiharassment policy, including

anti-retaliation components. Get legal advice on this policy to ensure it is

complete and that it complies with all federal, state, and local laws. Once

complete, ensure that your policy is in the employee handbook and that every

employee has a copy.

Conduct sexual harassment training and retraining for everyone, especially

all supervisors and managers, on at least an annual basis. Everyone in the

organization should understand what sexual harassment is and what to do if it

occurs. (Note: in some states this training is mandatory.)

Ensure managers and supervisors understand their obligation to maintain zero

tolerance for harassment in the workplace.

Monitor emails and other electronic communications to scan for harassing

content. Monitor behavior too. It is important as an employer to be on the

lookout for inappropriate behavior and stop it right away.

Ensure employees know their options if they find themselves in such a

situation. Employees should know that they have the right to request the

behavior to stop (and they should do so if possible). But employees should

also know what to do next if they don’t feel safe asking the person or people

involved to stop, or if doing so does not stop the unwanted behavior.

Clearly define the process to submit a complaint, including a process for

situations where the direct supervisor can be bypassed if necessary.

Define clear consequences for such behavior and consistently apply these when

harassing behavior is discovered.

Cultivate a culture where sexual harassment is not welcome or tolerated. This

might include many things. For example:

Ensure that work-sponsored activities after hours are professional in

nature.

Ensure that supervisors and managers know where to draw the line with

employees in terms of tolerating off-color jokes and other offensive

material. The workplace is not a place for crude jokes.

If a complaint comes in, treat it with complete care and always investigate.

Treat every complaint seriously.

If harassment is discovered, take immediate and appropriate action to

ensure it doesn’t happen again, including disciplining or even terminating

the employee(s) responsible.

Do not tolerate retaliatory behavior against someone who has filed a

complaint.

Have a clear process for investigating any complaint of harassment. If a

complaint comes in, look into it immediately and, if necessary, take steps to

ensure the behavior stops while the investigation is ongoing. Take every

complaint seriously.



Obviously, it’s a good idea to prevent sexual harassment if it all possible. Not

only is it a legal obligation, but it’s also smart business. After all, a

hostile work environment is not a good recipe for maximum productivity.



What other steps does your organization take to prevent all types of workplace

harassment?



*This article does not constitute legal advice. Always consult legal counsel

with specific questions.